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Chapter 2 - Incoterms 2020 - Part 2
Chapter 2 - Incoterms 2020 - Part 2
FOREIGN
TRADE
OPERATIONS
INCOTERMS
CHAPTER 2
PART 2
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IN THIS CHAPTER
General information
A brief history
Incoterms®2020
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QUAY
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BARGE [ C ]
a
UK /B ːDƷ/
long boat with
a flat bottom,
used
forcarrying heav
y objects on river
s or canals
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The goods
placed on a
barge
alongside
the vessel
BARGE
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Obligations FAS
1 Checking + packaging + marking
2 Loading on means of transport at seller’s premises
3 Export clearance/formalities
FAS FREE 4 Delivery/transport document
ALONGSIDE 5 Domestic precarriage (inland freight) from seller’s
SHIP premises to place/port of shipment
(INSERT NAMED 6 Loading on (main) carriage
PORT OF 7 Contract of (main) carriage to named place/port of
SHIPMENT) destination
(INCOTERMS 8 Contract of insurance
2020) 9 Unloading at named place/port of destination
10 Import clearance/formalities
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FOB OR FAS?
Example: HUFLIT exports
mangos to USA. Question:
How to stipulate the Incoterms
Point of risk transfer:
rules in sales contract?
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Obligations FOB
1 Checking + packaging + marking
2 Loading on means of transport at seller’s premises
3 Export clearance/formalities
FOB FREE ON 4 Delivery/transport document
BOARD 5 Domestic precarriage (inland freight) from seller’s
(INSERT NAMED premises to place/port of shipment
PORT OF 6 Loading on (main) carriage
SHIPMENT) 7 Contract of (main) carriage to named place/port of
(INCOTERMS destination
2020) 8 Contract of insurance
9 Unloading at named place/port of destination
10 Import clearance/formalities
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Seller’s Buyer’s
obligations obligations
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CFR FOB
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Ex. CFR
Rotterdam,
Netherlands
(Incoterms
2020)
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CFR - INCOTERMS®2020
* Cost and Freight - CFR (port of destination)
-Seller must deliver the goods (and transfer the risk) either by placing
them on board the vessel at the shipment port (or by procuring the
goods so delivered).
-Note: 2 critical points:
+ Port of delivery (port of shipment/port of loading): The risk
passes when the goods are on board the vessel at the shipment
port (not until the goods reach the destination);
=> Identifying the port of delivery as precisely as possible. If a
place/point of delivery is not specified/agreed on, the default
position is when the goods have been delivered to the first carrier
at a point entirely of the seller’s choice.
+ Port of destination (port of discharge/port of unloading): The
cost of carriage will be covered by the seller from the agreed
delivery port until the goods reach the destination.
=> Identifying the port of destination as precisely as possible.32
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Case 1
Case 2
Case 3
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Seller’s Buyer’s
obligations obligations
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CIF - INCOTERMS®2020
* Cost Insurance and Freight - CIF (port of destination)
-Seller must deliver the goods (and transfer the risk) either by placing
them on board the vessel at the shipment port (or by procuring the
goods so delivered).
-Note: 2 critical points:
+ Port of delivery (port of shipment/port of loading): The risk
passes when the goods are on board the vessel at the shipment
port (not until the goods reach the destination);
=> Identifying the port of delivery as precisely as possible. If a
place/point of delivery is not specified/agreed on, the default
position is when the goods have been delivered to the first carrier
at a point entirely of the seller’s choice.
+ Port of destination (port of discharge/port of unloading): The
cost of carriage will be covered by the seller from the agreed
delivery port until the goods reach the destination.
=> Identifying the port of destination as precisely as possible.39
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CIF- INCOTERMS®2020
* Cost Insurance and Freight - CIR (port of destination)
- Seller’s obligations:
+ To provide the goods, necessary documents (commercial invoice,
transport document),
+ To obtain any export license, conduct all necessary customs
formalities for the export of the goods,
+ To contract for the carriage of the goods from the agreed place
of delivery to the named port of destination,
+ To deliver the goods on board the vessel (or by procuring the
goods so delivered) at the shipment port,
+ To pay the freight and other carriage costs including the cost of
loading the goods and unloading the goods at the place of
destination (but only if those unloading charges were for the seller’s
account under the contract of carriage. If such costs were not for the
Seller’s account, the Buyer must pay unloading costs.) 40
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CIF - INCOTERMS®2020
Cost Insurance and Freight –
CIF (named place of destination)
- Seller’s obligations: (cont.)
+ Obtain cargo insurance:
* complying with the cover provided by Clauses (C) of the Institute
Cargo Clauses (LMA/IUA) or any similar clauses,
* with underwriters or an insurance company of good repute,
* covering, at a minimum, the price provided in the contract plus 10%
(i.e. 110%), in the currency of the contract.
* covering against the buyer’s risk of loss of or damage to the goods
from the agreed point of delivery to at least the point of destination.
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Source: MSIG
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GUIDANCE NOTE
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GUIDANCE NOTE
Should precisely identify
two critical points in
CPT, CIP, CFR or CIF
CONTRACT (and why?)
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Slide 48
NOTE: * OR: When the goods delivered at a point of delivery specified/identified in the contract
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Slide 50
if a place of delivery is agreed on in the sale contract, then risk passes when the goods delivered to the
carrier nominated by the seller at that agreeed point of delivery.
Should the parties wish the risk to pass at a later stage (e.g., at an ocean port or airport), they need to
specify this in their contract of sale.
(ICC p147)
DELL, 02/10/2019
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Group C: Group D:
Group E: Group F:
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MAJOR CHANGES
Incoterms® 2010: DAT Incoterms® 2020: DPU (Delivered at Place
Unloaded)
Incoterms® 2010: CIF / CIP - Insurance cover as provided by
Clauses C of the Institute Cargo Clauses (LMA/IUA) Incoterms®
2020: Clauses A (CIP), Clauses C (CIF)
Incoterms® 2010: Shipment is carried out by Third party (carrier)
Incoterms® 2020: arranging for carriage with
Exporter/Seller/Importer/Buyer’s own means of transport (in FCA,
DAP, DPU, DDP)
Incoterms® 2010: Payment by L/C requires FOB terms instead of
FCA. Incoterms® 2020: Exporter can use FCA + an Onboard B/L
(at Importer’s cost)
Incoterms® 2010: security-related obligations not made clear
Incoterms® 2020: Security-related responsibilities of customs
clearance and transportation are clearly allocated between the
seller and the buyer.
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DAT - INCOTERMS®2010
DELIVERED AT TERMINAL - DAT (NAMED TERMINAL
AT PORT/PLACE OF DESTINATION)
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DAT - INCOTERMS®2010
DELIVERED AT TERMINAL - DAT (NAMED TERMINAL
AT PLACE/PORT OF DESTINATION)
The seller delivers (or delivery is completed)
(and transfers risk) to the Buyer when:
• The goods are unloaded from the arriving means of
transport placed at the disposal of the buyer at a named
terminal at the named place/port of destination.
• The seller bears all risks and costs involved in bringing the
goods to the named terminal at the place/port of
destination (including the risk and cost of unloading the
goods at the named place of destination) (LP)
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DAT - INCOTERMS®2010
DELIVERED AT TERMINAL - DAT (NAMED TERMINAL AT
PLACE/PORT OF DESTINATION)
- Under this rule, the Seller delivers when the goods, once
unloaded from the arriving means of transport, are placed
at the disposal of the buyer at a named terminal at the
named port or place of destination.
- “Terminal” may be a quay, warehouse, container yard
(CY) or road, rail or air cargo terminal. The terminal should
be specified as clearly as possible as the risks to that
terminal are for the account of the seller.
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DAT - INCOTERMS®2010
DELIVERED AT TERMINAL - DAT (NAMED TERMINAL AT
PLACE/PORT OF DESTINATION)
-Seller’s obligations:
+ To provide the goods, necessary documents (commercial invoice,
transport document),
+ To obtain any export license, conduct all necessary customs
formalities for the export of the goods,
+ To contract at its own expense for the carriage of the goods to
the named terminal at the agreed port/place of destination,
+ To unload the goods from the arriving means of transport and
then deliver them by placing them at the disposal of the buyer at
the named terminal at the named place/port of destination,
+ To pay all costs relating to the goods and their transport until
they have been unloaded and delivered.
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Changes in Group D DAT, DAP, DDP DES, DEQ, DAF, DDU, DDP
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DAF - INCOTERMS
2000
Delivered At Frontier DAF (... named place)
-The seller delivers when the goods are placed at the
disposal of the buyer on the arriving means of transport
not unloaded, cleared for export, but not cleared for
import at the named point and place at the frontier, but
before the customs border of the adjoining country.
-The term "frontier" may be used for any frontier
including that of the country of export. Therefore, it is of
vital importance that the frontier in question be defined
precisely by always naming the point and place in the
term.
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References
1. ICC. Incoterms 2020. ICC pulications. 2020
2. Belay Seyoum. Export-import theory, practices, and
procedures (third edition). Taylor & Francis, 2014
3. Jim Sherlock & Jonathan Reuvid. The Handbook of
International Trade - A Guide to the Principles and Practice
of Export (2nd edition). GMB Publishing Ltd., 2008
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